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2025 DAILYLAW 16925 (CHH)

RISHI RAJWADE v. STATE OF CHHATTISGARH

WPS/2758/2025 · 2025-04-24

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:18507 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2758 of 2025 1 - Rishi Rajwade S/o Jeevan Lal Rajwade Aged About 54 Years Promoted As Head Master (Primary School) At Government Primary School, Podikala, Block Podi Uproda, District Korba (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar Naya Raipur, District Raipur (C.G.) 2 - Director Directorate Of Public Instruction, Indrawati Bhawan, Atal Nagar Naya Raipur, District Raipur (C.G.) 3 - Collector District Korba (C.G.) 4 - District Education OfÏcer Korba, District Korba (C.G.) SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.04.24 22:02:45 +0530 2 5 - Block Education OfÏcer Podi Uproda, District Korba (C.G.) ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri Govind Prasad Dewangan, Advocate. For Respondent(s) : Shri Saumitra Kesharwani, Panel Lawyer Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 24.04.2025 1. Challenge in this petition is to the order dated 09.01.2025 passed by the respondent no. 4, by which the representation of the petitioner has been rejected. The petitioner is also seeking a direction towards the respondent no. 4 to consider the case of the petitioner for grant of posting at the same block where he was posted before getting promotion or any other place nearby the previous place of posting. 2. Earlier the petitioner has preferred the writ petition seeking following reliefs:- 10.1. That this Hon’ble Court may kindly be pleased to call for the entire records in relates to the case of the petitioner from the possession of respondents for its kind perusal. 10.2. That, this Hon’ble may kindly be pleased to direct the respondents to reconsider the case of the petitioner so far as the posting of the petitioner is 3 concerned and take a decision within a period of 15 days. 10.3. That, this Hon’ble Court may kindly be pleased to direct the respondents to consider the case of the petitioner for grant of posting at nearby schools where the petitioner was posted before promotion or at Block Katghora or any other place against the vacant post. 10.4. That, this Hon’ble Court may kindly be pleased to grant any other relief/reliefs in favour of the petitioners, which the Hon’ble Court deemed fit & just in the facts and circumstances of the case, including awarding of the costs to the petitioner.” 3. The said writ petition has been disposed of permitting the petitioner to submit representation before respondent no. 4 and respondent no. 4 was directed to consider the case of the petitioner in accordance with law within a period of four weeks. 4. Pursuance to the said order of this Court in WPS No. 7802/2024 dated 03.12.2024, the petitioner submitted the representation on 17.12.2024 and the District Education OfÏcer considered the said representation of the petitioner and by detailed order rejected the grievance of the petitioner vide order impugned dated 09.01.2025 (sic 09.01.2024) observing that on account of non-availability of vacant post of Head Master at Block Katghora, it is not possible to consider the case of the petitioner. 5. On going through the order passed by the respondent no. 4/DEO, it is quite clear that the said authority after appreciating all the facts 4 and circumstances of the case has rightly passed the reasoned and speaking order. The same is just and proper warranting no interference with the said order. It is the trite law that the employee cannot be accommodated at a particular place of his own choice. 6. In the result, the writ petition, being devoid of merit is liable to be and is hereby dismissed at the motion stage itself. Sd/- (Bibhu Datta Guru) Judge Shoaib